Regular Session 2021-2022 Senate Bill 0816 P.N. 1017

PRINTER'S NO. 1017

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

816

Session of

2021

INTRODUCED BY KANE, FONTANA, HUGHES, COSTA, CAPPELLETTI,

COMITTA, COLLETT, KEARNEY, HAYWOOD, MUTH, STREET,

SANTARSIERO, A. WILLIAMS, L. WILLIAMS AND TARTAGLIONE,

AUGUST 4, 2021

REFERRED TO JUDICIARY, AUGUST 4, 2021

AN ACT

Providing for individuals to voluntarily register for the

Pennsylvania Do-Not-Sell List maintained by the Pennsylvania

State Police, for firearms not to be in the possession of a

registrant and for advertising by the Department of Health.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Do-Not-Sell

Firearm Registry Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Firearm." As defined in 18 Pa.C.S. § 6102 (relating to

definitions).

"List." The Pennsylvania Do-Not-Sell List established under

this act.

"Personal information." The following:

(1) Full name.

(2) Date of birth.

(3) Address.

(4) Telephone number.

"Registrant." An individual who voluntarily registers for

the list either through an Internet website or hard copy form.

"Registry." The Do-Not-Sell Firearm Registry authorized

under this act.

Section 3. Do-Not-Sell Firearm Registry.

(a) Establishment.--Within one year of the effective date of

this section, the Pennsylvania State Police shall develop and

launch a secure Internet-based registry, to be known as the Do-

Not-Sell Firearm Registry, to allow an individual residing in

this Commonwealth to voluntarily register the individual's

personal information on a list to be established and known as

the Pennsylvania Do-Not-Sell List.

(b) Protections.--The Pennsylvania State Police shall ensure

that the list credibly:

(1) Verifies the identity of a registrant.

(2) Prevents unauthorized disclosures of registrants.

(3) Informs the registrant of the legal effects of

registration.

section, the Pennsylvania State Police shall develop and widely

distribute a hard copy form to allow an individual to register

the individual's personal information on the registry and a form

for an individual to request removal of personal information

from the registry. The forms may be:

(1) uploaded to an Internet-based platform with a

photocopy of a government-issued photo identification;

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(2) submitted in person at a county clerk's office with

a government-issued photo identification;

(3) mailed to the Pennsylvania State Police with a

photocopy of a government-issued photo identification; or

(4) transmitted by text message to the Pennsylvania

State Police with a picture of a government-issued photo

identification.

(d) Email notification option.--

(1) The registry and registration form shall provide the

option of entering up to five email addresses for email

notifications.

(2) The registrant may provide email addresses at the

time of registration or any time after registration.

(3) The Pennsylvania State Police shall transmit a

notice to the email address or email addresses as provided if

the registrant subsequently seeks to remove the registrant's

name from the registry.

(e) Record of personal information in databases.--After a

registrant provides personal information and is placed on the

registry, the Pennsylvania State Police shall record that

information in the Pennsylvania Instant Check System and the

NICS Index Denied Persons File.

Section 4. Unlawful sale or delivery of firearms to registrant.

(a) Unlawful activity.--No firearm importer, firearm

manufacturer or firearm dealer licensed under the laws of this

Commonwealth, or an entity or individual dealing in firearms

required to perform a background check, shall sell or deliver a

firearm to a registrant.

(b) Penalty.--Violation of subsection (a) shall be

punishable by a fine up to $10,000 and imprisonment for no more

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than one year.

Section 5. Removal from registry.

(a) Removal by request.--A registrant may request that the

registrant's personal information be removed from the registry

by one of the methods listed under section 3 for registration.

Twenty-one days after the request for removal is received, the

Pennsylvania State Police shall remove the requesting registrant

from the Pennsylvania Instant Check System and notify the FBI to

remove the requesting registrant from the NICS Index Denied

Persons File. The Pennsylvania State Police shall purge all

records of the registration and removal of the registrant's

personal information from the registry.

(b) Removal by court.--The personal information of a

registrant may be immediately removed from the registry by

applying for immediate removal to the Commonwealth Court and

proving, by a preponderance of the evidence, that the registrant

does not pose a risk of self harm or a harm to public safety.

The proceeding may allow evidence from a public official or

interested party.

Section 6. Unlawful activity.

(a) Inquiries.--It shall be unlawful for an individual or

entity to inquire as to whether an individual is registered on

the registry or has personal information on the list for any

purpose other than to determine an individual's eligibility to

purchase, possess or transport a firearm. Violations of this

subsection are punishable by a civil fine of up to $10,000.

(b) Discrimination.--It shall be unlawful for a person to

discriminate against an individual with respect to health care

services, employment, education, housing, insurance,

governmental benefits or contracting because the individual is

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registered on the registry or has personal information on the

list. Violations of this subsection shall be punishable by a

civil fine of up to $10,000.

information relating to a registrant from the registry or list

shall not disclose that personal information. Violations of this

subsection shall be punishable by a fine of up to $10,000 and

imprisonment for no more than one year.

(d) False information.--It shall be unlawful for a person to

knowingly give false information or to make false statements

with the intent of enrolling or removing an individual from the

registry or list. Violations of this subsection shall be

punishable by a fine of up to $10,000 and imprisonment for no

more than one year.

Section 7. Confidentiality.

(a) List not admissible as evidence.--Except as necessary to

enforce section 6, neither the personal information of a

registrant nor the fact that the personal information was

removed from the registry shall be admissible as evidence in a

legal proceeding.

(b) List not subject to Right-to-Know Law.--The contents of

the list, including personal information of registrants, shall

not be subject to disclosure under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

Section 8. Opportunity for individuals to register.

(a) Hospital visit after attempted suicide.--An employee of

an acute care hospital or an emergency facility in which an

individual receives treatment after a probable suicide attempt

may, as a non-binding matter of best practice, present the

individual with the opportunity to register for the list.

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(b) Suicide hotline.--A suicide hotline maintained or

operated by an entity funded in whole or in part by this

Commonwealth may, as a non-binding matter of best practice,

inform callers about the opportunity to register for the list.

license centers operated by the Department of Transportation

shall offer individuals the opportunity to register for the

list.

(d) State boards.--The State Board of Medicine, the State

Board of Nursing and the State Board of Psychology shall notify

all licensees of the existence of the list within 60 days after

the effective date of this section.

Section 9. Advertising.

The Department of Health, in consultation with the

Pennsylvania State Police, shall develop and implement a

publicity and advertising campaign that, at a minimum, provides

the public with information about the list, how to register for

the list and contacts for additional information regarding the

list.

Section 10. Effective date.

This act shall take effect in 60 days.

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